1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On April 4, 2009, the Plaintiff got an operation, such as a Daun Sarbun, etc., from B, due to the left-hand fluoral flashing of the Plaintiff.

B. On October 10, 2013, the Plaintiff was subject to physical grade II in a physical examination for conscription, and submitted to the Military Service Change Board on March 14, 2014 and received a follow-up physical examination on March 25, 2014.

C. On March 25, 2014, the Plaintiff was judged to be in active service Grade III on the ground that the Plaintiff fell under Article 11 [Attachment 2] [Attachment 2] of the Inspection Regulations, such as a physical examination of illness and mental disorder (hereinafter “Evaluation Criteria”) and Articles 174-B-2 and 181-C-1], which was in force at the time of the reexamination.

On September 16, 2014, the Plaintiff entered the Army and served as a small guard belonging to the CJ in the BJ. Around November, 2014, the Plaintiff complained of a serious high-ranking hospital pain during military service and received the diagnosis and treatment of a high-ranking hospital after having been on credit from around November, 2014.

E. On November 21, 2014, the Plaintiff was discharged from military service on January 12, 2015 on the ground that the aforementioned criteria fall under physical grade 6 and grade 7 of mental and physical disorder under Article 182-C as a result of the duty review conducted on November 21, 2014.

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 3 evidence, Eul's 1 through 3 evidence (including the number; hereinafter the same shall apply), the purport of all pleadings and arguments

2. According to the results of the examination on the plaintiff's assertion, the plaintiff's doctor exclusively in charge of the draft physical examination, who is a public official in charge of the defendant's draft physical examination, judged the plaintiff as physical grade Grade 3, because he erred in the determination of grade by negligence.

Inasmuch as physical and mental damages have occurred by performing military service on active duty even though the Plaintiff was eligible to be exempted from military service due to the above Defendant’s tort, the Defendant shall pay the Plaintiff the daily wage of KRW 10,329,000 = the daily wage in 2014.